Mediation Frequently Asked Questions

1. I just learned that my file was being forwarded to mediation. How long until I have my mediation?

You should expect to receive a Notice of Mediation within one to three weeks, and you should expect to have the mediation occur within four to eight weeks.

2. What if I cannot attend the mediation when it is scheduled?

If you have an advocate, attorney or you are an insured employer, you should contact your advocate, attorney or insurance adjuster. If needed, he or she can request a change in date or time of your mediation. If you are not represented by an attorney, advocate or insurer, you may contact the Mediation scheduling secretary at the telephone number listed on the Notice.

3. After I received a Notice of Mediation why did I receive a Notice of Cancellation of the mediation?

Most likely your attorney, advocate, insurer or one of the other parties involved in your case requested a change in date or time. If you have an advocate, attorney or you are an insured employer, you should contact your representative. If you are not represented, you may contact the Mediation scheduling Secretary at the telephone number listed on the Notice.

4. What documents should I bring to mediation?

In most cases, complete medical records should be brought to the mediation.

• If the insurer is questioning whether the injury is work-related, a written opinion from a treating healthcare provider addressing work-relatedness should be brought to the mediation.  
• If the injured worker is seeking payment of weekly incapacity benefits, the parties should know the start and end dates.  If the employee has had any earnings, unemployment benefits and/or disability benefits (from a company other than the workers’ compensation insurer) during the same time period, the parties should bring documentation of the amounts of any income received.
• If the injured worker is seeking payment of weekly incapacity benefits and is able to work but is unable to return to work for the employer of injury, the injured worker should bring documentation of all efforts to find another job to the mediation.
• If the injured worker is seeking payment of medical bills, all medical bills should be brought to Mediation.

5. Can I attend the mediation via telephone?

If all parties agree to attend by telephone and a written request is made to the Mediator no later than seven days before the scheduled mediation, the parties may attend the mediation by telephone. When approving the request, the Mediator will provide you with a phone number and conference code for you to call at the time of the scheduled mediation. Please note that during the pandemic all mediations are being held by telephone.

6. Can I discuss something with the Mediator without the other side being present? 

Yes.  You may ask to meet with the Mediator privately.  This is called caucusing.  During your caucus, you and the Mediator will discuss what information may be shared with the opposing side and what information you may wish to keep confidential.  Caucusing is often useful when considering the possible strengths and weaknesses of the claim and in exploring the possibility of resolution.

7. Is the mediator on my side or the other party’s side?

The Mediator works for the Workers’ Compensation Board and is a neutral party. As such, the Mediator does not take anyone’s side in a dispute.

8. Will the mediator make a decision about my claim?

The mediator will not make any decisions regarding the payment of a claim. The Mediator will give each party an opportunity to explain its claims and defenses and to share any documents that may support its claims and defenses.  The Mediator will further communicate with the parties to try to find common ground and to help the parties resolve the issues that are pending on the claim.  Any resolution reached during the Mediation will be made voluntarily by the parties.  Unlike a hearing, in which the case is decided by a Administrative Law Judge, each party has the opportunity to participate in determining the final Mediation outcome.

9. If an agreement is reached at mediation, how is the agreement documented? 

The Mediator will draft the agreement on a Record of Mediation.  The parties may have further input into the language, and once the language is agreed upon, a Record of Mediation is printed and signed by all parties.  A copy of the Record is provided to each party at the conclusion of Mediation.

10. If we reach agreement at mediation, when will the benefits agreed upon be paid?

Payments must be paid within ten (10) days of the date of the mediation unless otherwise agreed to at the mediation and noted on the Record.

11. What if the dispute cannot be resolved at mediation?

If the dispute is not resolved at mediation, any party can file petitions for a formal hearing. The petitions are available here.